Third Party Transfer Process and Documentation
The U.S. Government requires recipients of U.S.-origin defense articles, services, or technical data to obtain written consent from the Department of State prior to transfer, disposal, or change of end-use of its U.S.-origin articles, services, or data. Such approval is required for all transfer, change of end-use or destination not previously authorized in the original acquisition. Included are defense articles and technical data obtained through the U.S. Government Foreign Military Sales (FMS) Program, Grants (i.e. Military Assistance Program or Excess Defense Article), or Direct Commercial Sales. PM/RSAT is only responsible for processing third party transfers involving FMS and grant-origin defense articles. If transfer involves Direct Commercial Sale equipment, the divesting country should contact the Department's Directorate of Defense Trade Controls, Bureau of Political-Military Affairs (PM/DDTC).
Given the possible complexities of arms transfer decisions and the multiple U.S. interests involved in each arms transfer, decisions are made on a case-by-case basis. All third party transfer requests are reviewed on a case-by-case basis, undergo interagency review and are guided by arms transfer laws, general criteria and specific third party transfer of arms law, regulations, and policies.